P.R. Laws tit. 34, § 1724p

2019-02-21 00:00:00+00
§ 1724p. Forfeited property—Disposition of property

In the event the court holds a forfeiture to be illegal, the Board shall return the forfeited property to the complainant. If the Board has already disposed of said property, the Government of Puerto Rico shall pay an amount equal to the appraisal value at the time of the seizure, or the amount for which it was sold, whichever is higher, plus the prevailing legal interest pursuant to the Rules of Civil Procedure, as amended, based on the appraisal value at the time of the seizure.

The complainant interested in claiming the return of the property or the sum to which he is entitled to pursuant to the preceding paragraph shall file a certified copy of the final judgment or resolution with the Secretary of Justice and with the Administrative Director of the Board in order for the board to comply with the provisions established herein. The complainant shall pick up the property within seven (7) business days after receiving notice from the Board authorizing the release thereof; after such term the Board may charge a reasonable fee for storage.

In the event that a forfeiture is held to be illegal, and the forfeited vehicle and any other means of ground transportation do not have a serial or identification number, be it because it was erased, mutilated, altered, substituted, superimposed, detached, adapted, or otherwise modified, the Government of Puerto Rico shall pay ninety percent (90%) of the appraised value at the time of the seizure or the amount for which it was sold, whichever is higher, and the payment of legal interest as of the date of the seizure shall not be required.

Even when the court holds a forfeiture to be illegal, if the forfeited property is deemed to be illegal, then the property shall not be returned.

History —July 12, 2011, No. 119, § 19; Sept. 15, 2012, No. 252, § 5.